RAWAL
Explanation. - A woman who causes herself to miscarry,
is within the meaning of this section.
313. Causing miscarriage without woman's consent. -
Whoever ... appellant had caused the prosecutrix to miscarry. The Trial Court had
held that the appellant was guilty of causing miscarriage to the
prosecutrix by administering
deals with punishment for voluntarily
causing miscarriage of a woman with child, if such
miscarriage be not caused in good faith for the purpose ... mere averments it cannot be
assumed that that accused persons had caused
miscarriage. Even assuming that proposed accused
persons may have threatened the complainant
Learned prosecutor admits that there is no reliable evidence of any
miscarriage caused to the complainant de facto by anyone insofar as neither
there ... accused/applicant allegedly admitted having kicked
the complainant de facto, thereby causing miscarriages. I have heard those
audio recordings in Court and prima facie
memo, site plan, recording
statements of witnesses by complainant himself
has caused miscarriage of justice to accused qua
fair investigation."
26. A similar view ... been held
that where the complainant himself conducts
investigation, it causes miscarriage of justice to
accused qua fair investigation."
28. A Single Judge
done with intent to cause the 'miscarriage of a woman with child,' and that act caused her death. The fact that Dr. Ramani ... women for infertility, 'occasion' to consult her 'for causing miscarriage to Indira does not arise'. To say the least, this
irregularity in the order
of the learned Metropolitan Magistrate which has caused miscarriage of
justice or has caused undue harassment to the person. This power
that the order under revision suffers
from glaring illegality or has caused miscarriage of justice or when it is
found that the trial Court ... been overlooked or ignored by either of the Courts
thereby causing miscarriage of justice.
15. Under the circumstances, there is no merit in the revision
3024/2008 Page 3 of 7
causing grave miscarriage of justice. For this purpose, the
judgments which have been relied upon by counsel ... interlocutory order which has
been passed by the learned Magistrate is causing grave
miscarriage of justice or is resulting in an abuse of process
that the order under revision suffers from glaring illegality or has caused miscarriage of justice or when it is found that the trial court
2016 Page 12 of 22
complainant himself has caused miscarriage of
justice to accused qua fair investigation."
26. A similar view has been taken ... been held that where the complainant himself
conducts investigation, it causes miscarriage of
justice to accused qua fair investigation."
28. A Single Judge
